This document outlines the General Terms and Conditions (AGB) for using the online portal www.wg-gesucht.de, operated by SMP GmbH & Co. KG. The platform is designed to connect individuals seeking and offering housing, particularly in shared living arrangements ("WGs"). The terms differentiate between private, professional, and commercial users, establishing distinct rules and cost structures for each. Key sections cover the scope of service, data protection policies (including the use of third-party advertisers like Google), extensive liability disclaimers, and the specific rights and obligations of users. The document details rules regarding content submission, prohibits certain commercial practices, and grants the platform broad usage rights for user-submitted content. It concludes with provisions for contract termination and a legally required notice on the consumer's right of withdrawal for paid services.
Summary of Terms and Conditions for WG-Gesucht.de
Scope and Agreement: These terms and conditions govern the use of the wg-gesucht.de internet portal. By using the service—even just by browsing listings—the user agrees to these terms. The operator, SMP GmbH & Co. KG, can amend the terms with six weeks' notice.
Platform Purpose: The website serves as a platform to connect people seeking and offering accommodation, primarily for shared apartments (WGs). The service is intended for private, professional, and commercial users who are of legal age.
Data Protection and Privacy: User data is processed in accordance with GDPR. The platform uses third-party providers like Google to serve targeted ads based on users' browsing activity, but this does not include personal identification data like name, address, or phone number.
Private vs. Commercial Use:
Private Use: Registration and posting up to two active advertisements are free for private, non-commercial users.
Commercial Use: An account is automatically classified as "professional" and becomes a paid service upon the activation of a third advertisement. This category includes real estate companies, property managers, co-living providers, and anyone commercially marketing properties.
Rules for Commercial Users: Paid packages are available for commercial listings. The use of premium-rate phone numbers (e.g., 0900 numbers) or charging hidden mediation fees is strictly prohibited. Unauthorized commercial listings will be deleted, and the user will be charged a penalty.
Liability and Disclaimers:
SMP GmbH & Co. KG assumes no liability for the accuracy of user-provided information or for content like sample contracts and legal tips provided on the site. The platform does not offer legal advice.
Liability for slight negligence is excluded, except in cases of breaching essential contractual duties.
SMP GmbH & Co. KG is not a party to any rental agreements formed via the platform and is not liable for any issues arising from them.
User Obligations and Responsibilities:
Users are solely responsible for the accuracy and legality of the content they post.
Users must not infringe on third-party rights, such as copyrights on photos or maps.
Spamming, attempting to disrupt the platform's function, and using offensive content are forbidden.
Users must keep their login credentials confidential.
Content Rights and Licenses: By posting content (text, images, etc.), the user grants SMP GmbH & Co. KG extensive, unlimited, and transferable rights to use, reproduce, modify, and distribute this content for all purposes related to the platform's business, including licensing it to third-party partners.
Right of Withdrawal for Paid Services: Consumers who purchase a paid service (like an ad package) have the right to withdraw from the contract within fourteen days of the agreement without giving a reason. The document provides instructions and a form for exercising this right.